(PC) Helm v. Madera County et al

Filing 12

ORDER DENYING Plaintiff's 11 Motion to Amend the Complaint Without Prejudice, signed by Magistrate Judge Sheila K. Oberto on 7/28/2022. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JACOB CURTIS ALLEN HELM,

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Plaintiff,

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v.
MADERA COUNTY, et al.,

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Case No.: 1:22-cv-00423 JLT SKO (PC)
ORDER DENYING PLAINTIFF’S MOTION
TO AMEND COMPLAINT WITHOUT
PREJUDICE
(Doc. 11)

Defendants.

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Plaintiff Jacob Curtis Allen Helm, proceeding pro se and in forma pauperis, initiated this

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civil rights action pursuant to 42 U.S.C. § 1983 as a county jail inmate. Plaintiff is presently

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confined at Atascadero State Hospital.

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On June 23, 2022, Plaintiff filed a document titled “Motion: Request Ammending [sic]

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defendants.” (Doc. 11.) Plaintiff seeks to amend the named defendants in the complaint “from

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‘Madera County, et al.,’ to simply ‘Madera County, California.’” (Id. at 1.) Plaintiff makes the

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request because he feels it “is in the best interests of the Courts for a swift, just, and inexpensive

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determination in this case” and “to ease the burden of the Courts.” (Id.) Plaintiff states he

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understands his request “will be the simplest and most effective approach for service of

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summons.” (Id. at 2.)

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I.

DISCUSSION

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Plaintiff’s original complaint, filed on April 12, 2022, names the following Defendants:

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“Madera County California,” “The State of California,” and “Madera County Jail/Department of

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Corrections.” (Doc. 1 at 1, 2.) The complaint has not yet been screened. See 28 U.S.C. §

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1915A(a).

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Plaintiff appears to be requesting to amend his complaint to name only a single

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defendant—Madera County, California—to expedite service of process of his complaint.

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Plaintiff is entitled to file an amended complaint pursuant to Federal Rule of Civil Procedure

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15(a)(1) once as a matter of course, and without the necessity of a court order. Should Plaintiff

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elect to amend his complaint, he must submit an amended complaint for filing. Plaintiff is

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informed that an amended complaint supersedes the original complaint. Lacey v. Maricopa Cty.,

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693 F.3d 896, 927 (9th Cir. 2012). Thus, an amended complaint must be “complete in itself

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without reference to the prior or superseded pleading.” See Local Rule 220. However, Plaintiff is

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cautioned that the amendment he appears to seek will not result in immediate service of process

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of the complaint in this action.

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As Plaintiff was advised in the First Informational Order In Prisoner/Civil Detainee Civil

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Rights Case, issued April 12, 2022, this Court “is required to screen complaints brought by

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prisoners seeking relief against a government entity or officer or employee of a governmental

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entity.” (Doc. 3 at 3 [III. SCREENING OF COMPLAINTS].) Until the Court has screened the

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complaint and determined Plaintiff has stated a cognizable claim or claims against properly

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named defendants, service of process will not be ordered. (Id.)

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As noted above, Plaintiff’s complaint has not yet been screened. The Court is required to

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screen Plaintiff’s complaint pursuant to 28 U.S.C. § 1915A(a). The Court will direct service of

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process only after Plaintiff’s complaint has been screened and found to state cognizable claims

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for relief. Once the complaint is screened and found to have stated a cognizable claim against any

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defendant, the Court will provide Plaintiff with any further instructions regarding service of

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process—Plaintiff need not request service.

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Plaintiff is advised this Court is one of the busiest district courts in the nation. There are
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hundreds of pro se prisoner complaints awaiting screening by the Court and delays are inevitable.

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Plaintiff’s complaint will be screened in due course.

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II.

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For the reasons given above, Plaintiff’s motion filed June 23, 2022 (Doc 11) is DENIED

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CONCLUSION AND ORDER

without prejudice.

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IT IS SO ORDERED.
Dated:

/s/ Sheila K. Oberto

July 28, 2022

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UNITED STATES MAGISTRATE JUDGE

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